STATE OF HARYANA Vs. SANDEEP

JUDGEMENT

(1.) State of Haryana has preferred the instant application, challenging the judgement of acquittal dtd. 24/10/2017, passed by the Court of Learned Additional Sessions Judge, Panipat, whereby respondents No.1 and 2 have been acquitted of the charge under Ss. 307, 326, 452 read with Sec. 34 of IPC and Sec. 27 of the Arms Act.

(2.) The FIR in the instant case was registered on the basis of a complaint moved by Jaivir Singh S/o Duli Chand, whereby, he alleged that at about 8.30 p.m. on 28/7/2016, he was returning to his house in his car. His neighbour Satbir Singh (since deceased), who had retired as SDO from Electricity Department and was inimical towards him, had parked his scooter in the middle of the street. The complainant asked Satbir to shift his scooter from there, but Satbir called his son Sandeep by stating that he had come and he should not be spared that day. Meanwhile, Sandeep, respondent No.1/accused and his neighbour Sandeep S/o Roshan came from the house of Satbir and rushed towards them, while abusing them. The complainant was afraid and he entered his house. In the meantime, Shakuntla-respondent No.2/wife of Satbir also stated that no one should be spared. Both the boys entered his house and Sandeep, respondent No.1 was armed with a pistol. Sandeep S/o Roshan caught hold of him and respondent No.1 fired shot from his pistol and the bullet hit on his right thigh. His wife Neelam also came out on hearing the noise and the accused again fired shot at her with the intention to kill her and the bullet passed through her right thigh and injured her left thigh also. In the meantime, Satbir also reached and asked as to whether they had finished the job or not, on which both the boys replied jointly that they have fired at both of them. The complainant raised the noise to save him and Pardeep S/o Ram Sarup came at the spot, who saved the complainant side. Thereafter, three accused fled away from the spot alongwith respective weapons. Pardeep got the injured admitted in Prem Hospital, Panipat for medical treatment. With these broad allegations, the FIR was registered.

(3.) That during the course of investigations, the police recorded the various statements of witnesses, acquainted with the facts of the case and also recovered pistol and five live cartridges from the accused. Thereafter, the trial formally commenced after framing of the charges. The prosecution examined as many as 14 witnesses in all to prove the case of prosecution and the evidence was closed by the Public Prosecutor. The accused did not lead any defence evidence.